HomeMy Public PortalAboutOrd 257 Create Tree Board
(First Published in the A~k: vALLey /1/€WS
on the d Yf~ day of AUfwrl ,1995,)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO, 257
AN ORDINANCE PROVIDING FOR CREATION OF A
CITY TREE BOARD~ PROVIDING FOR THE
PLANTING AND CARE OF TREES~ AND PROVIDING
PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section I.
Purpose of the Ordinance
This ordinance is in recognition of the value of trees to a community. Trees add
beauty and character to a city, encourage the presence of birds, provide shade, reduce
the velocity of winds, help prevent soil erosion and add to the world's supply of
oxygen.
This ordinance is established to promote trees in the city and to provide
guidance, through education and technical assistance, in the planting, growing and
maintenance of trees. The purpose of this ordinance is to:
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provide for the care of trees on public property; and
allow for the trimming or removal of trees for public safety or to avoid damage
to public utilities.
Section 2,
Establishment of a Tree Board
(a) There is hereby created and established a five member Tree Board. The
Board shall be comprised of residents of the City of Bel Aire, Kansas and shall be
appointed by the Governing Body.
(b) The term of the five persons shall be four years except that the term of three
of the members appointed to the first Board shall be for only two years. In the event
that a vacancy shall occur during the term of any member, his or her successor shall be
appointed for the unexpired portion of the term,
( c) Members of the Board shall serve without compensation.
(d) The Board shall prepare, administer and annually update a written plan for
the care, preservation, pruning, planting, replanting, removal or disposition of trees and
shrubs in parks and in other public areas. Such plan shall be presented annually to the
Governing Body for approval. Said plan shall constitute the official City tree plan.
(e) The Board, when requested by the Governing Body , shall consider,
investigate, make findings, report and recommend upon any special matter of questions
coming within the scope of its work.
(f) The Board shall choose its own officers, make its own procedural rules and
provide the city clerk with copies of the minutes of its proceedings. A majority of the
members shall constitute a quorum for the transaction of business.
(g) A member shall hold office on the board until:
the end of his or her appointment;
the member resigns from the Board;
the member fails to attend 3 consecutive meetings;
the member moves out of the city; or
the Tree Board is terminated by the governing body.
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(h) When there is one or more vacancy on the Board, each member of the
governing body may submit a recommendation for appointment to the board, The
governing body will vote by ballot for the selection of the person( s) to serve on the
Board. Each member of the governing body shall have one vote for each position to
be filled. The person(s) that receive the highest number of votes are thereby appointed
to the Board. If the votes result in a tie, additional ballots shall be taken until one or
more persons receive sufficient votes to be appointed.
(i) The Board may make recommendations to the City Administrator regarding
the trimming or removal of trees for public safety or to protect public utilities.
(j) The Board may provide for training and/or information to be available
regarding the planting and care of trees,
Section 3.
Definitions
(a) "Park Trees" are defmed as trees, shrubs, bushes and all other woody
vegetation in public parks having individual names and all areas owned by the City, or
to which the public has free access as a park.
(b) "Sight Triangle" is an area at a street intersection in which nothing shall be
erected, placed, planted, or allowed to grow in such a manner as to materially impede
vision between a height of 2-1/2 feet and 8 feet above the grades, Such Sight Triangle
shall have sides which are measured from the center of the lot line intersection and a
third side, across the lot, that joins the ends of the other two sides. Where the lot lines
at intersections have rOlUlded comers, the said lot line will be extended in a straight line
to a point of intersection. In all residentially zoned districts, the two sides forming the
lot line intersection shall be a minimum distance of 30 feet and in all other zoning
districts such distance shall be 20 feet.
(c) "Street Trees" are defined as trees, shrubs, bushes and all other woody
vegetation with a mature height in excess of 18 inches on land lying between property
lines on either side of all streets, avenues or ways within the city.
(d) " Topping" is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree,
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Section 4.
Street Trees
A list of preferred and recommended street trees species, which shall consist of
small, medium and large trees, shall be established from time to time by the Board, and
a copy of the current list shall be maintained in the city offices and copies of the list
shall be provided to persons requesting the same,
Section 5,
Trimming Required
The owner or occupant of any premises abutting on any street, avenue or alley
in the City shall cut, trim or remove, in accordance with the provisions of this
ordinance, all trees and shrubbery growing in the City which may constitute any hazard
or any sight obstruction to any vehicular or pedestrian traffic upon the streets and
sidewalks,
Section 6,
Minimum Height
The limbs of trees or shrubbery abutting on any street, avenue or ally in the City
shall be trimmed or cut so that the same shall not be less than eight (8) feet above the
sidewalks and not less than twelve (12) feet above the streets or avenues over which
they hang.
Section 7.
Distance from Light Poles and Fire Hydrants
All trees and shrubbery which are greater than 18 inches in height are prohibited
within ten (10) feet of street lighting poles or within five (5) feet of fire hydrants.
Section 8.
Notice to Cut
Notice to cut any trees, boughs, shrubbery or limbs to conform to the provisions
of this ordinance shall be served by mailing a copy of the notice by certified mail,
return receipt requested, to the owner of the abutting premises.
Section 9.
Abatement
If such owner shall not within thirty (30) days after said notice cause such
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obstructing trees, boughs, shrubbery or limbs to be removed as provided in accordance
with the provisions of this ordinance, then the City shall remove them. Proper pruning
season will be taken into consideration, This section, however, shall not be construed
as waiving the rights of the City to prosecute under the provisions of this ordinance,
Section 10.
Assessment of Costs
The costs of abatement of any condition prohibited by this ordinance shall be
assessed and charged against the lot or parcel of property on which the condition
existed.
Section 11.
Collection of Costs
The City Clerk shall, in writing, inform the owner said property of the costs of
abatement and request payment of the same. Should the costs of abatement remain
unpaid, the City Clerk shall, at the time of certifying other City taxes to the County
Clerk, certify the costs of abatement of any condition prohibited by this ordinance; and
the County Clerk shall extend the same on the tax roll of the County against the
property upon which such condition existed, Such costs shall be collected by the
County Treasurer and paid to the City as other city taxes are collected and paid.
Section 12.
Street Tree Spacing
(a) To promote the healthy growth of trees, the city encourages the new planting
of Street Trees so that the spacing between trees shall be in accordance with the size
of the trees to be planted. The spacing of new street trees is approximately 30 feet
between small trees, approximately 40 feet between medium trees and approximately
50 feet between large trees.
(b) The distance trees may be planted from curbs or curb lines and sidewalks
shall be in accordance with the size classes in the list of Street Trees provided for in
Section 4 herein, and no trees may be planted closer to any curb or sidewalk than the
following: small trees, two feet; medium trees, three feet; and large trees, four feet.
Exceptions can be granted by the City Administrator or Board,
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Section 13.
Sight Triangle
No street trees shall be planted within the sight triangle of an intersection as
defined in Section 3 of this ordinance.
Section 14.
Utilities
No street trees other than those species listed as small trees in the list of Street
Trees provided for in Section 4 of this ordinance may be planted under or within (ten)
10 lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any
underground municipal water line, sewer line, transmission line or other public utility.
The City, a utility company, or their designee shall have the right to prune any tree or
shrub on private property when it obstructs the view of drivers to observe traffic, traffic
control devices, or signs, or interferes with the operation or maintenance of a utility,
Section 15.
Public Tree Care
( a) The City shall have the right to plant, prune, maintain and remove trees,
plants, shrubs and tree stumps, within the right-of-way of all streets, alleys, avenues,
lanes, squares and public grounds, as may be necessary to insure public safety or to
avoid damage to public utilities.
Section 16.
Tree Topping
It shall be unlawful for any person or firm to top any street tree, park tree or any
other tree on public property. Trees severely damaged by storms or other causes, or
certain trees under utility wires or other obstructions, where other pruning practices are
impractical, may be exempted from this ordinance by determination of the Board,
Section 17.
Comer Clearance
Every owner of premises or other property with any tree overhanging any street
or right-of-way within the City shall prune the branches so that such branches shall
have a clear space of eight (8) feet above the surface of the sidewalk and twelve (12)
feet above the surface of the street. The owner shall remove all dead, diseased or
dangerous trees, or broken or decayed limbs which constitute a menace to the safety
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of the public, It shall be unlawful to permit any hedge or shrub to grow over any
sidewalk, street or alley, unless the height limitations as set out above are met.
Section 18.
Tree Protection
(a) It shall be unlawful for any person to attach wire, rope, chain, sign or any
other material to any tree on any public street, alley or public property; except when
used as a preservation practice.
(b) The City Administrator or Board may exempt certain trees on any street,
alley or public property from protection and have them removed when in the way of
public improvements.
Section 19.
Inspection
The Board or a duly authorized agent of the City may inspect the work of all
commercial, private or contracting arborists performing tree pruning on public property
to insure that proper pruning practices are being followed. Inspections shall be random
and without notice.
Arborists found in violation of proper pruning practices shall be notified verbally
and in writing by the City by certified mail, return receipt requested. Such violations
shall be corrected if possible and future pruning shall comply with approved practices.
Section 20.
Penalty
A complaint may be filed in the Municipal Court of Bel Aire, Kansas against any
person or commercial, private or contracting arborists found to be in violation of the
provisions of this ordinance, provided that the person or arborist shall first have been
notified by being mailed a copy of a written notice by certified mail, return receipt
requested. The notice shall:
(1) state the condition which has caused the violation of this ordinance;
(2) provide the person in violation 30 days from date of deliverance of the notice
to alleviate the hazardous or harboring condition; and
(3) state that failure to alleviate the condition or to request a hearing may result
in prosecution and/or abatement of the condition by the City with the cost assessed
against the property.
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Upon such complaint in the municipal court, any person or commercial, private
or contracting arborists fOlUld to be in violation of the provisions of this ordinance shall
upon conviction be punished by a fine of not less than $50.00 nor more than $100.00.
Section 21.
Review
The City Administrator shall have the right to review the conduct, acts, and
decisions of the Tree Board. Appeal of any decisions may be taken to the Governing
Body.
Section 22. Effective Date
This Ordinance shall take effect and be in force from and after its publication in the
official city newspaper.
Passed by the City Council this /5-1 A. day of ~J ,
1995.
>.,;...:.,(..~~r~oved by the Mayor this /$d day of ~
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MA R, HAROLA. S TH
ATTEST:
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CITY CL , SHERR YL L. CUTTER
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